On November 9, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred this item to the Land Use and Development Committee and the Planning Board (Item C4M). On December 12, 2016, the Land Use and Development Committee discussed the Ordinance and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.
Within the MXE, Mixed-Use Entertainment zoning districts, the main permitted uses are apartments; apartment-hotels; hotels; commercial development as specified in section 142-546, and religious institutions with an occupancy of 199 persons or less.
Section 142-546 of the City Code provides for the following additional restrictions for lots fronting on Ocean Drive, Ocean Terrace and Collins Avenue:
· Existing Buildings with 2-stories or less fronting Ocean Drive or Ocean Terraces may have offices, retail, food service establishments, alcoholic beverage establishments, and residential uses or any combination thereof.
· Buildings with more than 2-stories may only contain the main permitted uses listed of apartments; apartment-hotels; or hotels. Section 142-904 outlines additional requirements for accessory uses within MXE districts for these uses. These development regulations were created in order to ensure the retention and preservation of the historic buildings and predominant historic uses of apartments, apartment-hotels, and hotels within these areas.
Section 142-904, pertaining to allowable accessory uses, contains the following provisions specific to the MXE district:
(b) Permitted accessory uses. The following are permitted accessory uses in the mixed use entertainment district.
(1) Permitted accessory uses in hotels.
a. Those accessory uses that are customarily associated with the operation of a hotel as determined by the planning and zoning director. The amount of retail space shall not exceed 75 square feet per hotel unit.
b. Hotels may have offices not associated with the operation of a hotel. The floor space associated with offices shall not exceed 35 square feet per hotel unit; medical or dental related offices are prohibited.
c. Restaurants, outdoor cafes, sidewalk cafes.
d. Solarium, sauna, exercise studio, health club or massage service which are located in either the subterranean, ground, mezzanine or roof levels only and are operated by an individual licensed by the state or other appropriate agencies.
e. Antiques, bookstore, art/craft galleries, artist studios.
f. Sale of alcoholic beverages as per article V, division 4 of this chapter.
g. Uses located on the porch, terrace or patio of a building are limited to table seating for eating and drinking establishments, which have their fixtures and cooking facilities located in the interior of the building, and the sale of flowers when conducted from a movable stand that is placed inside the building at the close of business.
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(2) Permitted accessory uses in apartment buildings. The following are permitted accessory uses in apartment buildings:
a. Apartment buildings may have commercial, office, eating or drinking uses, with access to the street, on the ground floor and subterranean level or in the highest floor of a building; however, no more than 25 percent of the floor area of the subterranean or ground floor shall be used for commercial uses. Office space, when located on the ground floor, shall be located at least 50 feet from the front property line.
b. Restaurants, outdoor cafes, sidewalk cafes with sale of alcoholic beverages as per article V, division 4 of this chapter.
c. Solarium, sauna, exercise studio, health club or massage service by an individual licensed by the state or other appropriate agencies.
(3) Permitted accessory uses in apartment hotels. Apartment hotels may have the same accessory use regulations as hotels if a minimum of 75 percent of the total number of units are hotel units.
(c) Additional requirements. In addition to the regulations and accessory uses listed in subsections (a) and (b) of this section, structures located in the below areas shall comply with the following:
(1) Permitted accessory uses for properties on Collins Avenue from Sixth to 15th Streets and on the west side of Collins Avenue from 15th to 16th Streets and Ocean Terrace include the above accessory uses but must comply with the following requirements:
a. Offices that are medical or dental related are prohibited.
b. Offices are only allowed in existing structures, otherwise, they are prohibited.
c. If a lobby is present or was originally constructed it shall be retained or reinstated. Such lobby may be used for a reception area with no partitions; however, offices are not permitted in the lobby.
d. Commercial uses, apartments, or hotel units either as a main permitted use or in any combination.
(2) Permitted accessory uses for properties that front on Ocean Terrace:
a. Commercial uses.
b. Offices. If the office space is located on the ground floor shall be 50 feet from any front property line facing a street and be consistent with subsections (c)(1)a and (c)(1)b of this section.
c. At least 50 percent of the total floor area shall be used as hotel or apartment, the floor area for hotel or apartment units shall meet the minimum area requirements established for the zoning district.
The City Code provisions above have specific size limitations in order to ensure that the primary use is retained and not overcome by accessory uses that would detract from the character of the historic neighborhoods. However, as currently written, variances from these limitations can be sought. This ordinance adds a no variance provision to Section 142-904 in order to ensure that accessory uses do not overwhelm the main permitted uses in the MXE districts.
PLANNING BOARD REVIEW
On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation.